Uncontested Divorce v. Contested Divorce

09 September 2011 Categories: All Blogs, Family Law and Divorce

A divorce in Tennessee is usually classified as either being uncontested or contested. This is not necessarily a legal term, but rather a term that attorneys use to help decide the complexity of the case. Almost every uncontested divorce is going to be filed as an “irreconcilable differences” divorce, meaning the parties have differences that prevent them from living together as husband and wife. However, just because both parties may agree on the “irreconcilable differences” claim and know they need a divorce, a case can still be considered contested. The two main areas of being contested are 1) when the parties have differences in opinion regarding the custody of the children and the parenting plan, and 2) when the parties cannot agree on a division of the property and/or debt from the marriage. In a truly uncontested divorce, all of the issues surrounding the minor children and division of property should be agreed upon.

At McNulty & Associates we rarely see a divorce that everything is agreed upon. However, we work with the person we represent and the other spouse or attorney to come to an agreement that is in the best interest of all parties, especially when the two parties agree that they need a divorce.

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